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M. v. BD. OF EDUC. OF THE CARMEL CENT. SCH. DIST.

199 A.D.2d 477 (1993)

608 N.Y.S.2d 117

Amy L. M. et al., Respondents, v. Board of Education of the Carmel Central School District et al., Defendants, and Jeffrey Miller, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Jeffrey Miller contends that the court erred in denying his motion pursuant to CPLR 3216 to dismiss the complaint insofar as it is asserted against him based on the plaintiff's failure to comply with two 90-day demands to file a note of of issue. We disagree. The plaintiffs persuasively claimed that law office failure was a reasonable excuse for their default and the record suggests...

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